When a California family law case is pending, the parties may need the court to make decisions before the entire case is resolved. A parent may need a custody schedule, a spouse may need temporary support, or the parties may disagree about who should control certain property or pay particular expenses.

A Request for Order is one of the primary procedures used to ask the family court to decide these issues. The requesting party must identify the specific orders being requested and provide facts supporting those requests.

What Can You Ask for in a Request for Order?

The orders requested will depend on the circumstances of the case.

A Request for Order may address issues such as child custody, visitation, child support, spousal support, property control, property restraints, or responsibility for certain debts. More than one issue may sometimes be addressed in the same request when appropriate.

Specificity is important. The court needs to know what the requesting party actually wants it to order.

For example, asking the court to “change custody” does not provide the same clarity as explaining the proposed legal custody arrangement, physical custody arrangement, and parenting schedule.

Similarly, a request involving financial relief should be supported by the appropriate financial information.

Supporting Documents Can Be Important

A Request for Order is not simply a form asking the judge for a particular result. The requested relief must be supported with relevant facts and, depending on the issue, additional documents.

For support requests, financial information may be necessary to help the court evaluate the parties’ incomes and expenses.

When custody is involved, the requesting parent should clearly identify the proposed physical and legal custody arrangement. If the parents already have an agreement or understanding concerning custody or temporary custody, the source materials provide that a copy of the agreement or a declaration describing the understanding must be attached to the petition or request.

Documents can therefore play an important role in helping the court understand both the requested order and the reasons supporting it.

A Regular Request Is Different From an Emergency Request

Filing a standard Request for Order does not automatically result in immediate orders while the parties wait for the hearing.

California has separate procedures for temporary emergency, or ex parte, orders. These procedures may be available in circumstances involving immediate danger or irreparable harm to a party or child, immediate loss or damage to property involved in the case, and certain procedural matters such as shortening the time for a hearing.

The existence of an urgent disagreement does not automatically mean that emergency relief is appropriate. Emergency requests are subject to specific requirements.

Preparing a Clear Request Can Help Focus the Hearing

A well-prepared Request for Order identifies exactly what the court is being asked to decide and provides the information necessary to understand why the requested relief is appropriate.

Whether the issue involves parenting time, support, property, or another temporary dispute, clearly defining the requested order can help narrow the issues that must be addressed at the hearing.